HomeMy WebLinkAboutRES 15-30RESOLUTION NO. 15-30
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL SUBDIVISION
PLAT FOR THE "STAGECOACH TRAILS SUBDIVISION", IN CASE SD -2-
12, BY STAGECOACH TRAILS LLC, REPRESENTED BY DAN KAUFFMAN.
WHEREAS, the subdivider in Case SD -2-12 proposes to
subdivide Pinal County Assessor Parcel Numbers 100-35-022, 100-
35-027 and 100-35-030, approximately 15 gross acres, into 105
residential lots for single-family homes, pursuant to: Arizona
Revised Statutes ("A.R.S.") Title 9, Chapter 4, Article 6.2; and
pursuant to the Apache Junction City Code,Volume II Land
Development Code,Chapter 1 Zoning Ordinance,Article 1-5 Zoning
Bulk and Use Regulations,Tables 1-5-1 and 1-5-2, RS -7 Zone; and
Article 1-4 Zoning Districts,Section 1-4-3 Planned Development
("PD") Overlay District;and Chapter 2,Subdivision Regulations;
and
WHEREAS, on September 25, 2012, the Planning and Zoning
Commission held a public hearing regarding the rezoning and
preliminary plat for the proposed Stagecoach Trails Subdivision,
cases PZ-3-12 and SD -2-12, respectively, and recommended
approval of both cases by a vote of 5-1, with conditions; and
WHEREAS, on November 6, 2012, the Mayor and City Council of
the City of Apache Junction approved Ordinance No. 1387, case
PZ-3-12, which approved a new rezoning and Planned Development
plan for the CR-3/PD (Conventional Single-family Homes by
Planned Development) -zoned property; and
WHEREAS, on November 6, 2012, the Mayor and City Council of
the City of Apache Junction approved Resolution No. 12-36, case
SD -2-12, which approved the preliminary plat for Stagecoach
Trails; and
WHEREAS, on May 6, 2014, the City Council adopted a new
Zoning Ordinance and Zoning District Maps for the City of Apache
Junction, which effectively renamed the zoning district of the
subject property to "RS-7/PD", but otherwise preserved in full
force and effect all of the conditions of approval of the
Planned Development zoning and preliminary plat; and
WHEREAS, the property is legally described as follows:
RESOLUTION NO. 15-30
PAGE 1 OF 3
The North half of the West half of the North half of
the East half of the South half of the Southeast
quarter of Section 18, Township 1 North, Range 8 East
of the Gila and Salt River Base and Meridian, Pinal
County, Arizona (Pinal County Parcel #100-35-022); and
The South half of the West half of the North half of
the East half of the South half of the Southeast
quarter of Section 18, Township 1 North, Range 8 East
of the Gila and Salt River Base and Meridian, Pinal
County, Arizona (Pinal County Parcel #100-35-027); and
The North half of the West half of the South half of
the East half of the South half of the Southeast
quarter of Section 18, Township 1 North, Range 8 East
of the Gila and Salt River Base and Meridian, Pinal
County, Arizona (Pinal County Parcel #100-35-030).
NOW, THEREFORE,BE IT RESOLVED by the Mayor and City
Council of the City of Apache Junction, Arizona, that:
The final subdivision plat for "Stagecoach Trails" Subdivision,
Case SD -2-12, is approved subject to the following conditions:
1) The final plat map shall not be recorded until the
developer submits the following items to the city's Public
Works Engineering and Development Services Departments:
a) All revision items requested by the City Engineer
relative to the final plat drawing and the improvement
plans, as described in a memorandum dated July 15, 2015,
and contained in case file SD -2-12; and
b) All revision items requested by the Development Services
Engineer relative to the final plat drawing and
improvement plans,as described in a memorandum dated
July 16, 2015,and contained in case file SD -2-12; and
c) Other revisions requested by other reviewing agencies who
are signatories to the final plat drawing and the
subdivision improvement plans; and
d) Relinquishment documents for federal patented easements
(roads and utilities) no longer needed within the
property boundaries; and
e) Subdivision final plat mylar drawings incorporating all
requested revisions; and
RESOLUTION NO. 15-30
PAGE 2 OF 3
2) Upon compliance with Condition 1 above, Staff is directed
pursuant to A.R.S. Section 9-463.01(J) to record the final
plat with the Pinal County Recorder and to collect the
final plat recording fee from the subdivider and remit such
amount to the Pinal County Recorder.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACE JUNCTION, ARIZONA, THIS # 1 4 DAY OF
AR40 451r , 2015.
SIGNED AND ATTESTED TO THIS
2015.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
-zs -15
RICHARD J. STERN
City Attorney
RESOLUTION NO. 15-30
PAGE 3 of 3
DAY OF
RESOLUTION NO. 15-31
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
O F APACHE JUNCTION,ARIZONA,DECLARING THAT THE
DEDICATED 2ND AVENUE PUBLIC RIGHT-OF-WAY LOCATED BETWEEN
IDAHO ROAD AND EXPLORER ROAD IS NO LONGER NECESSARY FOR
PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AS
PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY;APPROPRIATE
STAFF SHALL ISSUE AND RECORD A WARRANTY DEED TO THE
ADJACENT PROPERTY OWNER AFTER RECEIPT OF FAIR VALUE IS
PROVIDED TO CITY.
WHEREAS,the City of Apache Junction is the holder of an
improved dedicated public right-of-way over certain parcels of
real property located in the Downtown Crossroads Redevelopment
Area as described in Exhibit A and depicted in Exhibit B; and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4(A)
and A.R.S..5 28-7204,the city may abandon any dedicated public
right-of-way it determines is no longer needed for public use; and
WHEREAS,recently,there has been private development
interest for the northeast corner of Idaho Road and Old West
Highway; and
WHEREAS,2nd Avenue bifurcates the two primary parcels
anticipated for private development; and
WHEREAS,to experience the full benefit of private
development in this area,it is necessary to abandon 2nd Avenue
and merge it into the adjacent parcels to allow a larger parcel to
be marketed for development; and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the
Director of Public Works sought comment on the abandonment concept
from the Development Services Director,the Public Safety
Director,the Superstition Fire and Medical District, as well as
all public utility providers; and
WHEREAS, based on the responses,the Public Works Director
recommended abandonment of the noted public right-of-way; and
WHEREAS, the abandonment would not leave a parcel in separate
ownership without access to an established public roadway or
RESOLUTION NO. 15-31
PAGE 1 OF 3
easement connecting such lands with another public roadway or
easement; and
WHEREAS,the adjacent owner of the property has agreed to
compensate the city fair value for the Downtown Redevelopment Area
right-of-way pursuant to A.R.S. § 36-1480; and
WHEREAS, pursuant to A.R.S. § 9-402, in order to sell property
owned by a city, the city must complete a 60 day public bid process;
and
WHEREAS, such process has been completed, together with all
public notifications,public postings and public hearings; and
WHEREAS,WGG Partners,LLC,responded to the bid with
favorable recommendation of staff.
NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:
1)The Mayor and City Council of the City of Apache Junction
find that the 2nd Avenue dedicated public right-of-way,as
described in Exhibit A and depicted in Exhibit B,is no longer
necessary for public roadway purposes and,since the adjoining
property owner has agreed to pay the fair value of the property
pursuant to A.R.S. §36-1480 through a public bid process,the
right-of-way is hereby abandoned.
2)On or before November 24, 2015, staff is authorized to
execute a warranty deed to the adjoining property owner and
successful bidder, WGG Partners, L.L.C., for the 2nd Avenue right-
of-way,in exchange for fair value,which the Mayor and City
Council determines t o be $100,000.00 and demolition of the
structure located on the southwest corner of Junction Street and
Outpost Road.
3)Nothing in this approval extinguishes any utility
easement interest of any public utility agency or entity on the
subject street right-of-way.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS altDAY OF NOVEMBER, 2015.
4SIGNED AND ATTESTED TO THIS ifri17 DAY OF NOVEMBER, 2015.
RESOLUTION NO. 15-31
PAGE 2 OF 3
N S. INSIDISACO
ayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 15-31
PAGE 3 OF 3
EXHIBIT A
Legal Description
CITY OF APACHE JUNCTION
PUBLIC WORKS DEPARTMENT EXHIBIT A
PAGE:1 OF 1
DATE:11/04/2015
A PORTION OF RIGHT-OF-WAY LOCATED WITHIN THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 21,TOWNSHIP 1 NORTH,RANGE 8 EAST OF THE GILA AND SALT RIVER
BASE AND MERIDIAN,PINAL COUNTY,ARIZONA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION FROM WHICH THE SOUTHWEST
CORNER OF SAID SECTION BEARS SOUTH 0000'05" EAST,2637.59 FEET;
THENCE SOUTH 0000'05" EAST,529.81 FEET ALONG THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION:
THENCE NORTH 8959'55" EAST,50.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF IDAHO
ROAD ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF 2ND AVENUE,SAID POINT BEING THE
POINT OF BEGINNING AND ALSO BEGINNING A NON -TANGENT CURVE CONCAVE NORTHEASTERLY
WHOSE CENTER RADIUS BEARS NORTH 89'59'07" EAST,20,00 FEET;THENCE ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9009'18",31.47 FEET;
THENCE CONTINUING ALONG THE NORTH LINE OF SAID RIGHT-OF-WAY FOR THE FOLLOWING
FOUR CALLS;
THENCE NORTH 8949'49" EAST,14.85 FEET;
THENCE SOUTH 5456'22" EAST,68.95 FEET;
THENCE SOUTH 0008'44" EAST,16.67 FEET TO THE BEGINNING OF A NON -TANGENTIAL CURVE
CONCAVE TO THE NORTHEAST WHOSE CENTER RADIUS BEARS NORTH 89'49'53"EAST,20.00
FEET;THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8958'59",
31.41 FEET;
THENCE NORTH 89'50'54" EAST,446.30 FEET TO THE BEGINNING OF A TANGENTIAL CURVE
CONCAVE TO THE NORTHWEST WHOSE CENTER RADIUS BEARS NORTH 0009'06" WEST,20.00
FEET;THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'50'34",
31.36 FEET TO THE WEST RIGHT-OF-WAY LINE OF EXPLORER ROAD;
THENCE NORTH 0000'20" EAST,546.34 FEET TO THE BEGINNING OF A TANGENTIAL CURVE
CONCAVE TO THE SOUTHWEST WHOSE CENTER RADIUS BEARS NORTH 8959'40" WEST,20.00
FEET;THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90'09'02",
31.47 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF JUNCTION STREET;
THENCE NORTH 8951'18" EAST,53.05 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE
CENTERLINE OF COLT ROAD;
THENCE SOUTH 0000'20" WEST,619.33 FEET ALONG THE CENTERLINE OF COLT ROAD TO THE
CENTERLINE OF 2ND AVENUE;
THENCE SOUTH 8950'54" WEST,535.51 FEET ALONG THE CENTERLINE OF 2ND AVENUE TO THE
SOUTH RIGHT-OF-WAY LINE OF 2ND AVENUE;
THENCE NORTH 5453'05" WEST,91.90 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE EAST
RIGHT-OF-WAY LINE OF IDAHO ROAD;
THENCE NORTH 00'05'05" WEST,76.41 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT
OF BEGINNING;
DESCRIBED RIGHT-OF-WAY CONTAINS 43,712 SQUARE FEET OR 1.0035 ACRES MORE OR LESS
EXHIBIT B
Map
CITY OF APACHE JUNCTION
PUBLIC WORKS DEPARTMENT EXHIBIT B
PAGE:1 OF 2
DATE:11/04/2015
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PAGE:2 OF 2
DATE:11/04/2015
LINE TABLE
LINE BEARING LENGTH
L1 N89'59'55"E 50.00'
L2 N89' 49'49"E 14.85'
L3 S5456'22"E 68.95'
L4 S00'08'44"E 16.67'
L5 N8951'18"E 53.05'
L6 N5453'05"W 91.90'
L7 N00'05'05"W 76.41'
CURVE TABLE
LINE RADIUS LENGTH DELTA CHORD CHORD LENGTH
Cl 20.00'31.47'9009'18"S45'05'32"E 28.32'
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20.00'31.41'89'58'59"S45'09'37"E 28.28'
C3 20.00'
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31.36'89'50'34"N44'55'37"E 28.25'
C4 20.00'31.47'9009'02"N45'04'11''W 28.32'
LEGEND
POC POINT OF COMMENCEMENT
POB POINT OF BEGINNING
0 FND BCHH AT W1/4 CORNER,SEC 21,T 1 N,R 8 E
0 END BCHH AT SW CORNER,SEC 21,T 1 N,R 8 E
MONUMENT LINE
LOT LINE
RIGHT-OF-WAYVA
RESOLUTION NO. 15-32
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF
APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT FOR THE USE OF CITY FUELING FACILITIES WITH
SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT
NO. 1.
WHEREAS,the City and Superstition Mountains Community
Facilities District ("SMCFD")desires to enter into an
Intergovernmental Agreement for the use of City -provided fueling
facilities at 575 East Baseline Avenue that would result in
public savings and emergency preparedness for both entities; and
WHEREAS,pursuant to A.R.S.§11-952(A),public entities
may enter into intergovernmental agreements with other
municipalities and governmental entities for joint or
cooperative activities; and
WHEREAS,the Parties have crafted the attached written
agreement in the form of an intergovernmental agreement which
formalizes the arrangement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:
1)The Mayor and City Council approve the form of the
Intergovernmental Agreement for the use of city fueling
facilities set forth in Attachment A;and the Mayor is
hereby authorized to sign the agreement on behalf of the
City.
2)The City Manager and/or his designee is authorized and
directed to take all steps necessary to carry out the
purpose and intent of this resolution and to fulfill all
the duties required under the agreement.
RESOLUTION NO. 15-32
PAGE 1 OF 2
PASSED AND ADOPTED BY THE
APACHE JUNCTION, ARIZONA,
SIGNED AND ATTESTED TO TH
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
/c /4•1
RICHARD J. STERN
City Attorney
RESOLUTION NO. 15-32
PAGE 2 OF 2
MAYOR AND CITYCOUNCIL OF THE CITY OF
THIS 0WIFDAY OF &fiv.4.0(..,2015.
IS 04u DAY OF Al;12761K 2015.
N S. I SALACO
ayor
Attachment A
FUELING FACILITIES INTERGOVERNMENTAL AGREEMENT
BETWEEN CITY OF APACHE JUNCTION AND
SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is made and entered into this day of
, 2015, by and between CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation ("City")and SUPERSTITION MOUNTAINS
COMMUNITY FACILITIES DISTRICT NO. 1 ("SMCFD"), a municipal corporation
and political subdivision of the State of Arizona both collectively referred to as
the "Parties," or individually as a "Party."
RECITALS
A.The City and SMCFD desire to enter into an Intergovernmental
Agreement for the use of City -owned fueling facilities at 575 East
Baseline Avenue, Apache Junction, Arizona.
B.City has the desire and the ability to assist SMCFD.
C.Mutual cooperation on governmental services,materials and
equipment would result in public savings and emergency
preparedness for both entities.
D.SMCFD is authorized to contract with cities and towns and to enter
into an agreement with the City for the use of City -owned fueling
facilities pursuant to A.R.S. §§ 48-709.A.2. and 11-951 et seq.
E.The Parties have mutual interests in this public partnership and
wish to enter into this Agreement with certain terms and conditions,
set forth below.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and
the mutual promises and covenants set forth herein,and for other
consideration, the receipt and adequacy of which is hereby acknowledged, the
Parties agree as follows:
1.ACCURACY OF THE RECITALS:The Parties acknowledge the
Recitals set forth above and incorporate them herein by reference.
2.PURPOSE:The purpose of this Agreement is to extend use of City
services, materials and equipment to save on public costs and reap emergency
preparedness benefits for the Apache Junction community and the public in
general.
3.CITY AND SMCFD SERVICES:
A.FUELING FACILITIES
i.SMCFD's Obligations:
a.By fax, email or mail, furnish City with current SMCFD
vehicle unit numbers or license numbers (numeric),SMCFD vehicle
descriptions, and personnel identification information (i.e. SMCFD employee ID
number)that will be authorized by SMCFD to access City fueling facilities
located at City's Public Works Yard, 575 East Baseline Road, Apache Junction,
Arizona, or at any other location where the City moves its fueling facilities any
time during the Term of this Agreement.
b.Pay City for the amount of gasoline and diesel
consumed by SMCFD at a rate of ten (100) cents per gallon over the City's actual
delivered cost for said fuels.All fuel prices increase or decrease in direct
relation with the published Oil Price Information Service ("OPIS") average rack
price for Phoenix. Payment shall be made within thirty (30) calendar days of
receipt of City invoice.
c.Pay City the cost of any damages to the fueling
facilities, intentionally or negligently, caused by SMCFD, its officers, employees
or agents.
d.Pay City the cost of any gasoline clean up intentionally
or negligently caused by SMCFD, its officers, employees or agents.
e.Take such steps as may be necessary to prevent
unauthorized use of personal identification numbers and facility access
information provided to SMCFD pursuant to this Agreement.
ii.City's Obligations:
a.Furnish SMCFD with PIN number or password
information for use by SMCFD personnel at the automated fueling island.
b.Provide SMCFD with a monthly statement showing a
cost breakdown by vehicle of the quantity of fuel disbursed.
c.Provide SMCFD with combination number for
combination lock to access fuel station gate for after -hour use.
d.Provide access to unleaded gasoline, E-85 and diesel
fuel twenty-four (24) hours per day.
2
4.FUEL SUPPLY AND USE ACCESS:In the event of emergency, the
City, at its sole discretion, may direct that access to its fuel supplies and
facilities be temporarily limited or discontinued. SMCFD is not obligated to
obtain any specified amount of fuel from the City and may, at its sole discretion,
obtain fuel from other parties at any time.
5.INDEMNIFICATION AND INSURANCE:To the extent permitted by
law,each Party covenants and agrees to fully indemnify,defend and hold
harmless the other Party, its special districts, elected and appointed officers,
employees, and agents from and against any and all suits, actions, legal or
administrative proceedings, claims, demands or damages of any kind or nature
relating to this Agreement, including attorney and expert witness fees, which,
are the result of any act or omission of the Party,its officers, employees,
contractees, agents, and anyone acting under its direction or control, whether
intentional or negligent, in connection with or incident to this Agreement.If any
action or claim shall be brought or asserted against either Party or its directors,
officers, agents, servants or employees for which indemnity may be sought from
the other Party, the Parties shall promptly notify one another in writing.The
noticed Party shall, within ten (10) working days of receiving such notice,
assume the defense thereof, and the payment of all expenses, including any
attorney fees and all court costs which shall be paid as incurred.It is
understood and agreed that both Parties may elect to self -insure or obtain
insurance through their pooling agreement with other governmental entities
against any or all of the risks related to this Agreement.This section shall
survive the expiration or early termination of this Agreement.The Parties shall
provide certificates of insurance to each other no later than 30 days after
execution of this Agreement.
that:
6.CITY REPRESENTATIONS:City represents and warrants to SMCFD
A.City's execution and approval of this Agreement have been
made in compliance with the procedural requirements of the Apache
Junction City Code.
B.City will execute and acknowledge when appropriate all
documents and instruments and take all actions necessary to implement
and evidence this Agreement.
C.As of the date of this Agreement, City knows of no litigation,
proceeding, initiative, referendum, or investigation contesting the powers
of City or its officials, with respect to this Agreement, that has not been
disclosed in writing to SMCFD.
D.The execution, delivery and performance of this Agreement
by City is not prohibited by,and does not conflict with,any other
3
agreements, instruments or judgments or decrees to which City is a party
or is otherwise subject.
E.The City has been assisted by counsel of its own choosing in
connection with the preparation and execution of this Agreement.
7.SMCFD REPRESENTATIONS:SMCFD represents and warrants to
City that:
A.SMCFD has the full right, power and authorization to enter
into and perform this Agreement and the obligations and undertakings of
SMCFD under this Agreement,and the execution,delivery and
performance of this Agreement by SMCFD has been duly authorized and
agreed to in compliance with the organizational documents of SMCFD.
B.All consents and approvals necessary to the execution,
delivery and performance of this Agreement have been obtained, and no
further action needs to be taken in connection with such execution,
delivery and performance.
C.SMCFD will execute and acknowledge when appropriate all
documents and instruments and take all actions necessary to implement,
evidence and enforce this Agreement.
D.SMCFD has been assisted by counsel of its own choosing in
connection with the preparation and execution of this Agreement.
8.DURATION OF AGREEMENT/TERMINATION:This Agreement shall
be valid for a term of ten (10) years and shall automatically be renewed every
year thereafter.However, either party may terminate this Agreement for any
reason upon sixty (60)calendar days'written notice to the other party
addressed to the other party as set forth in this Agreement.
9.NOTICES:Except as otherwise required by law, any notice required
or permitted under this Agreement shall be in writing and shall be given by
personal delivery,by electronic mail,by deposit in the United States mail,
certified or registered, return receipt requested, postage prepaid, addressed to
the Parties at their respective addresses set forth below, or at such other
address as a Party may designate in writing pursuant to the terms of this
Section,or by telecopy,electronic mail, or telefacsimile machine, or by any
nationally recognized express or overnight delivery service (e.g.Federal
Express or UPS), delivery charges prepaid:
4
If to City:
And to:
If to SMCFD:
Bryant Powell
City Manager
City of Apache Junction
300 E. Superstition Blvd.
Apache Junction, AZ 85219
Email: bpowell@ajcity.net
Giao Pham
Public Works Director
City of Apache Junction
575 E. Baseline Ave.
Apache Junction, AZ 85219
Email: gpham@ajcity.net
Richard J. Stern
City Attorney
City of Apache Junction
300 E. Superstition Blvd.
Apache Junction, AZ 85219
Email: jstern@ajcity.net
Daron Anglin
District Manager
Superstition Mountains Community
Facilities District No. 1
5661 South Ironwood Drive
Apache Junction, AZ 85220
Email: danglin@smcfd.org
10.SEVERABILITY:City and SMCFD each believe that the execution,
delivery and performance of this Agreement are in compliance with all
applicable laws.However,in the unlikely event that any provision of this
Agreement is declared void or unenforceable (or is construed as requiring City
to do any act in violation of any applicable laws, including any constitutional
provision,law,regulation,or City Code),such provision shall be deemed
severed from this Agreement and this Agreement shall otherwise remain in full
force and effect; provided that this Agreement shall retroactively be deemed
reformed to the extent reasonably possible in such a manner so that the
reformed agreement (and any related agreements effective as of the same date)
provide essentially the same rights and benefits (economic and otherwise) to the
Parties as if such severance and reformation were not required.Unless
prohibited by applicable laws, the Parties further shall perform all acts and
execute, acknowledge and/or deliver all amendments, instruments and consents
necessary to accomplish and to give effect to the purposes of this Agreement,
as reformed.
5
II.GOVERNING LAW, VENUE AND ATTORNEY FEES:The terms and
conditions of this Agreement shall be governed by and interpreted in
accordance with the laws of the State of Arizona.Any action at law or in equity
brought by either Party for the purpose of enforcing a right or rights provided for
in this Agreement shall be tried in a court of competent jurisdiction in Pinal
County, Arizona.The Parties hereby waive all provisions of law providing for a
change of venue in such proceeding to any other county.In the event either
Party shall bring suit to enforce any term of this Agreement or to recover any
damages for and on account of the breach of any term or condition in this
Agreement, it is mutually agreed that the prevailing party in such action shall
recover all costs including reasonable attorneys fees to be determined by the
court in such action.
12.BINDING EFFECT/ASSIGNMENT:The obligations and rights
created in this Agreement are binding upon and shall inure to the benefit of the
parties and their successors, assigns and legal representatives.Neither Party
may assigns its rights under this Agreement without the prior written approval of
the other Party.Such successor or assignee shall assume, in writing, all duties
and obligations hereunder of the prior party and shall further agree to be bound
by and to fully perform the terms of this Agreement.
13.ENTIRE AGREEMENT:This Agreement and any attachments
represent the entire agreement between the Parties and supersede all prior
negotiations, representations or agreements, either express or implied, written
or oral.It is mutually understood and agreed that no alteration or variation of
the terms and conditions of this Agreement shall be valid unless made in writing
and signed by the Parties hereto.Written and signed amendments shall
automatically become part of the Supporting Documents, and shall supersede
any inconsistent provision therein;provided,however,that any apparent
inconsistency shall be resolved,if possible, by construing the provisions as
mutually complementary and supplementary.
14.CONFLICTS OF INTEREST:This Agreement is subject to, and may
be terminated by City or SMCFD in accordance with the provisions of A.R.S. §
38-511.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be duly executed as of the day and year first above written.
SUPERSTITION MOUNTAINS COMMUNITY
FACILITIES DISTRICT NO. 1
By:id-r-0624x1,1)aalio-
Kathleen Waldron
Its: Chairman
6
THE CITY OF APACHE JUNCTION,
ARIZONA, an Arizona municipal
corporation
By:
John Insalaco
Its: Mayor
ATTEST:
Kathleen Connelly, City Clerk
STATE OF ARIZONA )
) ss.
County of
The foregoing was acknowledged before me this day of
,2015,by Kathleen Waldron,Chairman of Superstition
Mountains Community Facilities District No. 1, a Title 48 Community Facilities
District, who acknowledges that she signed the foregoing instrument on behalf
of SMCFD.
Notary Public
My Commission Expires:
(seal)
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was acknowledged before me this day of
,2015,by John S.Insalaco,the Mayor of City of Apache
Junction, Arizona, an Arizona municipal corporation, who acknowledged that he
signed the foregoing instrument on behalf of City.
My Commission Expires:
(seal)
Notary Public
8
COUNSEL APPROVAL AS TO FORM:
I have read this Agreement and have determined such Agreement is in proper
form and is entered into within the powers of and authority granted under the
laws of the State of Arizona.
Clarke H. Greger, District Counsel Date
I have read this Agreement and have determined such Agreement is in proper
form and is entered into by the City within the powers of and authority granted
under the laws of the State of Arizona.
Richard J. Stern, City Attorney Date
9
RESOLUTION NO. 15-33
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK
AND ENTITLED "2015 AMENDMENTS TO THE APACHE JUNCTION
CITY CODE,VOLUME 1,CHAPTER 8:BUSINESS",AND
DECLARING AN EMERGENCY.
WHEREAS,Arizona Revised Statutes Annotated (hereinafter
"A.R.S.") § 9-802 permits municipalities to enact the provisions
of a code or public record theretofore in existence without
setting forth such provisions in full text as long as the
adopting ordinance is published in full text and at least one
paper copy of the code changes or public record are filed in the
office of the clerk of the municipality and one electronic copy
is accessible on the City's website and made available for
public inspection; and
WHEREAS,pursuant to A.R.S.§§9-801(1)and 9-802,such
codes can include regulatory provisions relating to events,
mobile home park "market days",and food truck and mobile
vendors; and
WHEREAS,City staff, has identified such provisions herein,
and it is the intent of the 'City to -declare such documents and
compilations as public records,on file in the office of the
City Clerk and electronically accessible through the city's
website (www.ajcity.net).
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS:
SECTION I IN GENERAL
1. That certain document -entitled "2015 Amendments to the
Apache Junction City Code, Vol.1,,-Chapter 8:Business"is
hereby declared to be a public record,shall be made
available for public use and inspection,and shall remain
on file with the City Clerk and be electronically
accessible through the city's website (www.ajcity.net).
RESOLUTION NO. 15-33
PAGE 1 OF 2
SECTION II DECLARING AN EMERGENCY
The immediate operation of the provisions of this ordinance is
necessary for the immediate preservation of the public peace,
health or safety, and that an emergency is hereby declared to
exist; and this ordinance shall be in full force and effect from
and after its passage,adoption and .approval by the Mayor and
City Council of the City of Apache Junction.
PASSED AND ADOPTED BY THE MAYOR AND CITY =ICI', OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 34.19 DAY OF NOVErii694-2015.
SIGNED AND ATTESTED TO THIS &-i)DAY OF /1/CWW61 .2015.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
C a t 8 2 1 5
RICHARD J. STERN
City Attorney
RESOLUTION NO. 15-33
PAGE 2 OF 2
RESOLUTION NO. 15-34
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL PLAT
AMENDMENT FOR APACHE JUNCTION PLAZA SUBDIVISION AND
INCORPORATING SAID SUBDIVISION PROPERTIES INTO A NEW,
LARGER, PRELIMINARY SUBDIVISION PLAT TO BE NAMED "OLD
WEST MARKETPLACE" COMMERCIAL SUBDIVISION, IN CASE SD-
2 -15, BY WGG PARTNERS LLC, REPRESENTED BY COLBY
FINCHAM OF THE BARCLAY GROUP AND SEG.
WHEREAS, the applicants in Case SD -2-15 propose to re-
configure and subdivide the Apache Junction Plaza Subdivision,
recorded in Book 10 of Maps, Page 41 (Pinal County Records),
and Pinal County Assessor parcel numbers 101-21-061, 062A, 062B,
064 and 068B, approximately 18.59 acres (collectively, the
"property"), into 6 lots for a new commercial shopping center to
be called Old West Marketplace, pursuant to Arizona Revised
Statutes ("A.R.S.")Title 9, Chapter 4, Article 6.2, and
pursuant to the Apache Junction City Code,Volume II,Land
Development Code,Chapter 1,Zoning Ordinance,Section 1-5-3,
Non -Residential Use Regulations,and Chapter 2,Subdivision
Regulations;and
WHEREAS, the Apache Junction Plaza Subdivision was approved
by Pinal County in 1962 as a commercial subdivision, but was
minimally developed,contained very small and inefficient lots,
and became an obsolete development; and
WHEREAS, approval of this resolution effectively amends the
Apache Junction Plaza plat by dissolving the former lots and
incorporating them, along with other adjacent properties, into a
new preliminary plat for a new City Center ("B -3") -zoned subdiv-
ision to be called Old West Marketplace; and
WHEREAS, on October 13, 2015, the Planning and Zoning
Commission held a public hearing regarding the preliminary plat
for Case SD -2-15 and recommended approval of Case SD -2-15 by a
vote of 6-0, with conditions; and
WHEREAS, the Council finds this preliminary subdivision
plat to be in compliance with the Apache Junction City Code,
Volume II,Land Development Code,Chapter 1,Zoning Ordinance
and Chapter 2,Subdivision Regulations;and
RESOLUTION NO. 15-34
PAGE 1 OF 3
WHEREAS, a complete metes and bounds legal description is
available for viewing in case file SD -2-15; however, the
property proposed to be developed as the Old West Marketplace
Subdivision is generally legally described as follows:
The West half of the Northwest quarter of the Southwest
quarter of Section 21; and the West half of the East half
of the Northwest quarter of the Southwest quarter of
Section 21, Township 1 North, Range 8 East of the Gila and
Salt River Base and Meridian, Pinal County, Arizona;
excepting therefrom any portion lying south of the north
right-of-way line of Old West Highway (formerly U.S Highway
60).
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City
Council of the City of Apache Junction, Arizona, that:
The preliminary subdivision plat for Old West Marketplace
Subdivision, Case SD -2-15, is approved subject to the following
conditions:
1) The subdivision shall be designed in compliance with all
standard City development requirements, including but not
limited to zoning, landscaping, parking, on -site and off-
site engineering requirements, design guidelines, overlay
district guidelines, etc.
2) The final subdivision plat shall be designed in substantial
compliance with the approved preliminary plat, including
the overall concept plan, on -site and off -site development
plans, lot layouts, and concept elevations ultimately
accepted by the city Council.
3) Within one year of preliminary subdivision plat approval,
the developers shall submit for formal review, the final
subdivision plat and improvement plans for the proposed
subdivision.
4) Street improvements along Old West Highway, Idaho Road and
Junction Street,including but not limited to, the
extension of pavement and the provision of sidewalks,
curbs, gutters,streetlights, fire hydrants, landscaping,
RESOLUTION NO. 15-34
PAGE 2 OF 3
undergrounding of utilities, etc., shall be designed and
constructed according to the City of Apache Junction
Engineering Guidelines and/or as otherwise determined by
the City Engineer.
5) The Conditions,Covenants and Restrictions for Old West
Marketplace, to be enforced by an owners association, shall
also include provisions (at a minimum) to address the
following: shared access and driveways, shared parking,
shared drainage and retention areas, master sign concept,
establishing a uniform system for garbage pick-up and mail-
delivery, specifying that the owners association is
responsible for the maintenance and upkeep of the drive and
parking areas,the common areas and the perimeter walls and
landscape improvements both internal and along the outside
perimeter of the subdivision.
6) The developers shall continue to coordinate and work with
the Public Works Department and the utility companies which
serve Apache Junction, to establish and/or relocate proper
utility easements throughout the subdivision, including
underground power lines and adequate easements for dry and
wet utilities, as well as the abandonment and/or relin-
quishment of any unnecessary road, federally patented
easements or other easements.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNC4 OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 2ZJO DAY OF Ab law06-k,2015.
SIGNED AND ATTESTED TO THIS
2015.
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
C O '1 0 -27 is
RICHARD J. STERN
City Attorney
RESOLUTION NO. 15-34
PAGE 3 OF 3
3R_,cs DAY OF A‘t,a4166-k.,
HN "S.-IITSALACO
ayor
A
RESOLUTION 15-35
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF APACHE
JUNCTION, ESTABLISHING A "MEMORANDUM OF SHARED INTENT
BETWEEN THE TOWN OF QUEEN CREEK AND THE CITY OF APACHE
JUNCTION DATED NOVEMBER 18, 2015".
WHEREAS,on August 25, 2015 the mayors and councils of
both the communities of Queen Creek and Apache Junction held
a joint special meeting to discuss issues of concern for both
communities in a public forum; and
WHEREAS,at that forum,a topic of mutual concern was
discussed on how both entities could effectively and
responsibly plan for the future growth and development of
their respective communities,while carrying out the
established general plans of their communities; and
WHEREAS,based upon that discussion both communities
desire to collaborate with one another and to continue to
discuss plans for an eventual shared boundary; and
WHEREAS,the Town Council of Queen Creek approved the
"Memorandum of Shared Intent between the Town of Queen Creek and
the City of Apache Junction, November 18, 2015" on November 18,
2015.
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City
Council of the City of Apache Junction, Arizona:
Section 1:That the document attached hereto as "Exhibit
A" and entitled "Memorandum of Shared Intent between the Town
of Queen Creek and the City of Apache Junction, November 18,
2015" is hereby established.
Section 2:That three (3) copies of this resolution and
attachment shall remain on file in the city clerk's office as
prescribed by law.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, THIS /61DAY OF DECEMBER, 2015.
SIGNED AND ATTESTED TO THIS 261r DAY OF
RESOLUTION NO. 15-35
PAGE 1 OF 2
2015.
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
11.23 t5
RICHARD J .STERN
City Attorney
RESOLUTION NO.15-35
PAGE 2 OF 2
Exhibit A
MEMORANDUM OF SHARED INTENT BETWEEN THE TOWN OF QUEEN CREEK
AND THE CITY OF APACHE JUNCTION, NOVEMBER 18, 2015
On August 25, 2015, the Town Council of Queen Creek and City
Council of Apache Junction held a joint public meeting to
review and discuss issues of mutual concern.
One of the issues discussed was municipal planning and future
growth.For the benefit of current and future residents, it
was agreed that both communities should continue to discuss
and plan towards an eventual shared city and town boundary.
A shared municipal boundary is currently depicted in both
general plans of the Town of Queen Creek and the City of
Apache Junction.Both plans depict this boundary on what are
currently State of Arizona trust lands, known informally as
the "Superstition Vistas" tract.
The State's approximate location for future extension of the
State Route 24 highway is in the proximity of both
communities' depicted future boundaries.As a result, it is
generally agreed that the final positioning of the State Route
24 could serve as a practical,physical and geographic
boundary for the common municipal boundaries.
It is also generally understood that the efforts towards the
long-term development and annexation of Superstition Vistas
can be more effective working collaboratively rather than
working separately.These collaborative efforts may include:
land use and infrastructure planning, economic development,
revenue sharing along future freeway corridors, strategic and
intergovernmental communication,and other mutually
beneficial efforts between the two communities and with
external partners.These external partners may include: the
Arizona State Land Department;potential land bidders and
developers;Pinal County;Maricopa County;the State
Legislature; and, other stakeholders.
As staff communicate with each other, it is understood that
there is a common respect for shared goals of planning for
appropriate growth while sustaining communities financially,
culturally,and environmentally for an improved quality of
life for current and future residents.
RESOLUTION NO. 15-36
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL PLAT
AMENDMENT OR A "RE -PLAT" OF APACHE JUNCTION PLAZA
SUBDIVISION AND INCORPORATING SAID FORMER SUBDIVISION
PROPERTY INTO A NEW, LARGER, FINAL SUBDIVISION PLAT TO BE
NAMED "OLD WEST MARKETPLACE" COMMERCIAL SUBDIVISION, IN
CASE SD -2-15, BY WGG PARTNERS LLC, REPRESENTED BY COLBY
FINCHAM OF THE BARCLAY GROUP AND S.E.G.
WHEREAS, the applicants in Case SD -2-15 propose to re-
configure and subdivide the Apache Junction Plaza Subdivision,
recorded in Book 10 of Maps, Page 41 (Pinal County Records),
and Pinal County Assessor parcel numbers 101-21-061, 062A, 062B,
064 and 068B, approximately 18.59 acres (collectively, the
"property"), into seven (7) lots for a new commercial shopping
center to be called Old West Marketplace, pursuant to Arizona
Revised Statutes ("A. R. S.") Title 9, Chapter 4, Article 6.2, and
pursuant to the Apache Junction City Code,Volume II,Land
Development Code,Chapter 1,Zoning Ordinance,Section 1-5-3,
Non -Residential Use Regulations,and Chapter 2,Subdivision
Regulations;and
WHEREAS, the Apache Junction Plaza Subdivision was approved
by Pinal County in 1962 as a commercial subdivision, but was
minimally developed,contained very small and inefficient lots,
and became an obsolete development; and
WHEREAS, approval of this resolution effectively amends the
Apache Junction Plaza plat by dissolving the former lots and
incorporating them,along with other adjacent properties, into a
new preliminary plat for a new City Center ("B -3") -zoned subdiv-
ision to be called Old West Marketplace; and
WHEREAS, on October 13, 2015, the Planning and Zoning
Commission held a public hearing regarding the preliminary plat
for Case SD -2-15 and recommended approval of Case SD -2-15 by a
vote of 6-0, with conditions; and
WHEREAS, on November 3, 2015, the Mayor and City Council
held a public hearing regarding the preliminary plat for Case
SD -2-15 and approved said preliminary plat pursuant to
Resolution No. 15-34, by a vote of 7-0; and
RESOLUTION NO. 15-36
PAGE 1 OF 3
WHEREAS, the Mayor and City Council find this final
subdivision plat to be in compliance with the conditions of
Resolution No. 15-34 and the Apache Junction City Code,Volume
II,Land Development Code,Chapter 1,Zoning Ordinance and
Chapter 2,Subdivision Regulations;and
WHEREAS, a complete metes and bounds legal description of
the property is available for viewing in case file SD -2-15;
however, the property proposed to be developed as the Old West
Marketplace Subdivision is generally legally described as
follows:
The West half of the Northwest quarter of the Southwest
quarter of Section 21; and the West half of the East half
of the Northwest quarter of the Southwest quarter of
Section 21, Township 1 North, Range 8 East of the Gila and
Salt River Base and Meridian, Pinal County, Arizona;
excepting therefrom any portion lying south of the north
right-of-way line of Old West Highway (formerly U.S Highway
60).
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City
Council of the City of Apache Junction, Arizona, that:
The final subdivision plat for Old West Marketplace Subdivision,
Case SD -2-15, is approved subject to the following conditions:
1) The conceptual elevation drawings for the anchor tenant
(the Fry's Marketplace Store) and ancillary shops are
accepted as presented in case file SD -2-15.
2) The final plat map shall not be recorded until the
developer submits the following items to the city's Public
Works Engineering and Development Services Departments:
a) All revision items requested by the City Engineer
relative to the final plat drawing and the improvement
plans, as described in a memorandum dated November 17,
2015, and contained in case file SD -2-15; and
b) All revision items requested by the Development Services
Project Engineer relative to the final plat drawing and
improvement plans, as described in a memorandum dated
November 16,2015, and contained in case file SD -2-15;
and
RESOLUTION NO. 15-36
PAGE 2 OF 3
c) Other revisions requested by other reviewing agencies and
utility companies who are signatories to the final plat
drawing and/or the subdivision improvement plans; and
d) Finalized and recorded relinquishment documents for
federal patented easements (roads and utilities) and
other easements no longer needed within the property
boundaries; and
e) Subdivision final plat mylar drawings incorporating all
requested revisions; and
3) Upon compliance with Condition 2 above, staff is directed
pursuant to A.R.S. Section 9-463.01(J) to record the final
plat with the Pinal County Recorder and to collect the
final plat recording fee from the subdivider and remit such
amount to the Pinal County Recorder.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS /VT-DAY OF
pea--7-46F-K , 2015.
SIGNED AND ATTESTED TO THIS /Or'
2015.
DAY OF ,b6746A/IggiW
7a 2e-Ga
N S. INSALACO
ayor
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
12,1-15
RICHARD J. STERN
City Attorney
RESOLUTION NO. 15-36
PAGE 3 of 3